Estep v. Estep

BY JUDGE ELLIOTT MARSHALL

In this case the demurrer challenges the sufficiency of the averments of the bill of complaint on the ground that the will sought to be construed is so plain and unambiguous that no judicial construction thereof is necessary and on the further ground that the construction urged by the complainants would be contrary to the law. While I have doubts as to whether the court could sustain the demurrer on the grounds assigned because a construction of the will would be necessary in order to decide the issues raised, counsel tacitly consented to a judicial construction of…